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A Skeptic view of Intermediary Guidelines and Digital Media Ethics Code

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On 25, February 2021, the Information and Broadcast Minister of India released the Intermediary Guidelines and Digital Media Ethics Code. These rules are effective immediately. Such immediate implementation is necessary because of the raging misinformation campaigns, and unregulated social media content. These are exacerbating the fissures within the society. The new Media law aims to shut those information led discrepancies in society. These intermediary rules apply to all the internet curated content providers and intermediaries. The applicability of these rules is quite wide. If you decide to set up a website that provides information on current affairs, if you decide to design an application to exchange information, if you decide to start a blog which of course publishes only a curated content, then you should do your job following this law. But, if you start a personal blog, then this is not applicable. On the whole, it is a self-regulating framework provided to the online publishers and intermediaries by the government. However, there are certain concerns with this gazette that will be viewed in this article.

In the lieu of this self – regulating law, an examination of WhatsApp’s encryption system would provide a more critical view on the new guidelines. WhatsApp claims that its platform provides an end to end encryption to protect the privacy of the user communications. In the intermediary guidelines, article 3 (1) (d) brushes away the end-end encryption of social media platforms. Firms like Facebook gained the trust (at least initially) because of the end to end encryption. With the government mandating these platforms to provide them with the source of the content, the intermediary platforms have to take a shot at the encryption. Else it is not possible to provide the information of the source.

However, an interesting and much-needed mechanism has been mandated by these new guidelines. The grievance redressal mechanism provided by section 3 (2) is a welcome move. All the intermediaries shall provide the same grievance redressal officer on their platform. Any complaint shall be acknowledged within 24 hours and shall be solved within 15 working days. There is also an oversight grievance redressal system as provided by the rule (13) of the intermediary guidelines. Under this rule, an unanswered complaint or an unsatisfied answer would have a chance to appeal to the higher authorities. This appeal would be sent to Level II of the self-regulating body to which the publisher is a member. Level II body is an inter-departmental committee. This committee is only an advisory committee and any action on the intermediary is a sole prerogative of the Ministry of Information Technology. Ironically, this procedure includes a long process with an unnecessary advisory committee. Further, India is a country where RTI filings are not properly addressed even though there is a proper redressal mechanism with an appellate authority. This grievance redressal mechanism might end up being functional only on paper. The government has provided 3 months to establish such a grievance redressal system on their platforms, and till now no intermediary has put up such a system.

These rules are no doubt necessary and more stringent laws may be required to keep the misinformation and propaganda in check. However, if the measures are to be made stringent, they would appear similar to that of Chinese laws. Already, Indian foreign policy is thought to resemble that of China. China and India both align their nationalistic fervor and historic glory in molding their foreign policy. This new social media law appears to make sure that India is not lagging behind China in strictly codifying the society. It uses vague terms like content should not be defamatory [3 (1) (b) (ii)], threatens unity, integrity, sovereignty, defense, of India [3 (1) (b) (vii)]. China in its constitution also uses similar vague terms to which many scholars pour in criticism.  Within the Chinese constitution, Article 25  constitution provides publishers with a list of types of content that are strictly prohibited. They include ‘incitement to secession’, ‘sabotage of national solidarity, ‘disclosure of state secrets, ‘promotion of obscenity, superstition or violence’ and, ‘harm to social morality and excellent cultural tradition of the nation’. Article 8 categorizes acts that are ‘manufacturing ethnic conflict and incitement to secession’ through ‘fabrication or distortion of facts’ or ‘publication or spreading of words or speeches’. Such vague terms are opined to be a cause of self-censorship in China. If the language used by the Indian government and the Chinese government is similar, then self-censorship can also be thought to dawning in India.

The Rules could have been much better if technology is understood

Instead of blanketly asking the intermediaries to provide the information of the source, the government could have deliberated with the technical experts and arrange a software key to decode the encryption whenever the responsible authority asks for the data. In such a way, the privacy of the individual will also be protected and the platforms will comply with the regulations.

Another irritating development is the mention of informing the users about the legal agreements and the data policy of the digital platform. This is no new approach. It is in practice for many years and most of the users will not read a line of the agreements. When online services become a necessity of life, it becomes the prerogative of the government to make sure that the public is well aware of all the regulations and guidelines. Perhaps a better way is to introduce a course in all levels of education. Moreover, consent of a user to use google maps, email services, bank applications is not all consent. These have become necessities and if consent is not provided from an individual, these services are not provided. I reiterate here that necessary consent is not consent.

Conclusion

A short example would summarize the incapacities of India. Recently, the Competition Committee of India has intervened when WhatsApp updated its policy terms. WhatsApp tuned their policy to share the data with a third party via Facebook. This would give them an undue advantage on digital marketing which has become the ubiquitous business model. Strong laws on data portability would have avoided this ex-ante. To maintain a level playing field, CCI has to step in and yet there is no law. Even the new guidelines for the intermediaries do not have a basic framework (to say data legislation). Further, intermediaries are allowed to collect and store the data. Irony is that, this rule is enacted without the data protection law.

Devising and maintaining trust in the online content creators and users is becoming ever important. Apart from all the mentioned concerns and developments made by the Information Technology Rules, 2021, a central repository of citizens’ data which is described in the India Stack document would be welcome progress. Though the government needs to have the access to digital data, mocking the privacy of citizens is not an answer. A more technical solution must be adopted where access to the digital data from the social media platforms would be gained by the government through a thorough technical process, independent of the human-led institutions. Further, the vague terms used in this gazette appear to be similar to that of the Chinese constitution. The path towards regulating social media should be carefully treaded so that it follows and respects democratic values.

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South Asia

International Peacekeeping Day: Pakistan’s Case

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Image credit: UN/Haidar Fahs

29th May marks the 75th anniversary of International Peacekeeping Day. In conflict studies, Peacekeeping as term defines those activities and actions that tend to keep conflict and conflicting parties under control and involve such activities that serve as pathway to uproot conflict as a whole and reduce battlefield deaths. UNN Peacekeeping Missions recently have undergone several reforms and evolution to better their efficacy, coherence, and responsiveness for which they have been criticized for. While effectiveness of the very purpose of these missions is highly debated, May 29 calls for commemorating and honoring the services of all those countries and people coming together with a vision to ensure peace, stability, and sustainability across the world. Pakistan is no exception.

The image of Pakistan has, in the international politics has highly revolved around security and strategic realms. Considering that image, Peacekeeping Missions are just one of the many features where Pakistan has carved out its identity as a state that is committed to the security of not only its own but the entire world. Since its fist Peacekeeping Mission in Congo in 1960, Pakistani blue helmets have served with honor and valor in 48 United Nations missions in almost all continents of the world.

While endorsing Action for Peace (A4P) and Action for Peace Plus (A4P+) initiatives-that tend to improve efficacy and consolidate security of Peacekeeping Missions-Pakistan, being one of the few states, institutionalized peacekeeping by such structural initiatives as that of Centre for International Peace and Stability (CIPS). To date CIPS has run 175 courses, training 2853 Peacekeepers, including 407 officers from other states. In this way, CIPS stands as an embodiment to Pakistan’s efforts of consolidating regionalism and Internationalism and standing as a responsible and capable state thinking for all and common peace and prosperity.

Besides working towards peace and security in war-torn communities, Pakistan has been on the forefront of peacebuilding and humanitarian efforts. Pakistan’s Field Hospital established as part of UN Mission Mali, is providing premium healthcare services, including lifesaving surgeries to the dependent clientele of 3500 UN Peacekeepers besides facilitating affected civilians of the warn-ravaged region. In April 2023, services of Pakistan’s hospital were appreciated at various levels in mission as well as UN headquarters for its constant quest for excellence and being in line with the needs of mission dynamics.

Through professionalism and dedication, Pakistani Peacekeepers have remained pivotal in UN’s efforts to reform and strengthen the Peacekeeping Architecture. Pakistani Engineers are maintaining 1430 kms of main Communication Arteries connecting 45% of the total land territory in the Central African Republic (CAR) and providing assured connectivity to 60% of the population of CAR even during worst climatic conditions.

Pakistan has exercised resolve and manifested resilience and courage in working in some of the most dangerous war-ravaged regions of the world. Not only it has paved the way in ensuring peace and preventing full-fledged war in such regions but its commitments towards humanitarian appeal are no hidden reality. From 2022 South Sudan floods whereby Pakistani engineers constructed for them dyke system to provision of 60 metric tons of various stores in northern part of Abyei to Pakistani doctors and Engagement Teams running awareness and hygiene campaigns to psychological counselling to contributing in education field in various missions, Pakistan has proved resolve and promptness of its security architecture in the region and beyond.

Pakistan also hosts one of the oldest UN Peacekeeping Mission i.e., UN Mission Observer Group for India and Pakistan (UNMOGIP) to monitor the ceasefire violations on Line of Control and has committed to it unlike the other stakeholder in the domain.

This day, hence, is a time to commemorate the services of Pakistan’s 225, 000 peacekeepers who have served uptil now, as well as honor the martyrdom of 171 Pakistani peacekeepers in the process.

29 May, on one end, is reminisce of Pakistan’s advancing role in UN’s agenda of maintaining peace and security around the world and on the other, it is a contemplating point at the structural amendments still needed in the peacekeeping apparatus of the world so that peace and prosperity is ensured for all nations and people of the world, once and for all.

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Striving for Balance: Pakistan’s Climate Equity Drive

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A flooded village in Matiari, in the Sindh province of Pakistan. © UNICEF/Asad Zaidi

The world’s population of 1.8 billion people between the ages of 10 and 24 represents the largest group of young people ever recorded in human history. A startling portion of this startling total—710 million children—live in nations that are horribly situated to bear the brunt of the catastrophic effects of the climate crisis. Every newborn child in the modern era faces numerous dangers as a result of the extensive effects of climate change, including dangers to their health and the stability of the economy. Even though they bear the least blame for the current environmental crisis, young people must now deal with an increase in the frequency of extreme weather phenomena.

Since many families, especially those living in developing countries, have been severely impacted by the rising temperatures, there has been a rise in cases of malnutrition and a decrease in food supplies as well as access to safe drinking water. The immune and respiratory systems of the human body have been severely compromised by the rapid decline in air quality, which has resulted in widespread damage and distress.

Therefore, the need for a fundamental paradigm shift within the framework of global climate change governance necessitates a firm embrace of the resounding cry for climate justice at its very core. To effectively reduce their greenhouse gas emissions (GHG), strengthen their resilience against the numerous effects of climate change, and, most importantly, deal with the enormous losses incurred as a result of the more frequent and intense occurrences of droughts and floods brought on by the irreversible progression of climate change, developing countries and economies in particular stand in dire need of significant financial assistance.

Regardless, nearly 13,000 people have been injured and over 1,600 have died as a result of the recent catastrophic floods in Pakistan, which have devastated about one-third of the country since the disaster began on June 14, 2022. According to the Pakistan Meteorological Department (PMD), the precipitation in July 2022 showed a strikingly disproportionate increase in Balochistan, rising by a staggering 450 percent, and in Sindh, rising by a remarkable 307 percent. These levels represent the highest levels seen in the previous 62 years. These areas, which have been severely impacted, are frequently arid or semi-arid.

Moreover, the findings of the World Weather Attribution Report (WWA) confirm that climate change has been a significant factor in the escalation of this unprecedented flooding, which has resulted in an incredible estimated economic loss of about US$32 billion. Therefore, it is necessary for the international community to pay attention to the call for climate justice and to show unwavering support for those countries coping with the numerous difficulties brought on by climate change.

However, the pressures brought on by climate change are putting Pakistan under a lot of stress right now, making it more susceptible to future changes in the climate and limiting its ability to adapt. The responsibility of wealthy states as outlined in Article 8 of the Paris Agreement must be emphasized, and Pakistan must emphasize the urgent need for adaptation measures. This particular article requires developed countries to contribute financial resources to support developing countries’ efforts at adaptation. Pakistan can effectively advocate for more funding and resources to strengthen its resilience to the effects of climate change by using this platform, while also highlighting the necessity of global cooperation and shared responsibility.

Shortly put, Pakistan’s participation in COP27 offers a significant platform to address the intertwined issues of climate change and sustainable development. Pakistan can highlight its distinct vulnerabilities and the need for increased support from more developed nations through a well-reasoned argument focused on climate adaptation, industry decarbonization, water management, food security, and resource conservation. These initiatives are essential for directing the country toward a trajectory of all-encompassing growth, the eradication of poverty, and ecological equilibrium in the face of a changing climate.

An important turning point for Pakistan was taking control of the COP27 agenda, which strengthened its position as a leader in the international discussion of climate change. Pakistani officials vehemently argued that developing countries should intensify their efforts to advance the cause of climate justice. They emphasized the dire need to deal with climate-related problems with unwavering resolve and the dangerous repercussions of doing nothing, warning that the nation would continue to bear the brunt of climate change’s negative effects. Pakistan’s persistent and thorough approach to addressing climate change unquestionably qualifies as a good foreign policy.

Concludingly, in order to fully address this complex problem, Pakistan must adopt a holistic approach that takes into account all aspects of climate change, from minute details to complex global issues. Additionally, it must work to embrace the positive aspect of climate security, which states that when problems are securitized, they become security conundrums. Through a three-tiered framework that includes local, global, and structural dimensions, policymakers can perceptively examine Pakistan’s environmental quandaries by using securitization as a lens.

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Political Crisis, Power Distribution and Taliban in Pakistan

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The political crisis in the Islamic Republic of Pakistan tends to evolve. Elite groups in the government and the opposition will be unable to find proper means to resolve the issue. The economic crisis and financial problems will also prevent Islamabad from stabilizing the political situation in the country. In addition, interethnic contradictions between Punjabis and Pashtuns are actively developing in the country, which tends to escalate. The Taliban’s power in neighboring Afghanistan does not contribute to solving the political crisis in Pakistan but contributes to its deterioration. This was stated in a note to Modern Diplomacy by political scientist Georgi Asatryan.

The political scientist also noted that the Pakistan army would give former prime-minister Imran Khan no chance to regain his political standing. “The opposition and political circles close to Khan will attempt to perform protest activity in the country. There will be continued nationwide unrest. The traditional control of the Pakistani military and the ISI over political processes will be raised, and human rights, democratic processes, and freedoms will, unfortunately, be limited. Overall, Pakistan will remain a center of instability in the region”, Georgi Asatryan noted. The political scientist added that the Pashtuns in Pakistan, representing the second largest ethnic group, see Imran Khan as their man and will support him. The same goes for the Taliban in Afghanistan, whose sympathies are also on the side of the Pakistani opposition leader.  

Georgi Asatryan does not rule out the possibility of a new military coup but estimates its possibility in the short-term as unlikely. When a country’s institutions become ineffective, anyone can suspect a situation developing a coup d’etat. This was apparent during the spring protests led by Imran Khan, where Khan’s supporters fought with paramilitary police.

It is also worth citing that the country’s economic situation is complicated and can be described as a full-fledged economic and financial crisis. According to the data, Pakistan has a debt of $ 125 billion, and 25% of this amount is owed to China. The rapid growth of inflation – 36.4% in April, demonstrates the difficult economic circumstances of Pakistan. This indicator is noted as the highest in the last sixty years. Concerning the country’s foreign reserves, Pakistan has only 4.3 billion dollars, which is enough to cover imports for a month. In order to temporarily mitigate the financial situation of the state, Saudi Arabia extended the term of the deposit in foreign currency for $ 3 billion deposited as a loan in 2021. Also, China extended a $2 billion loan to Pakistan at the end of March. Islamabad’s external debt has been plunged by more than $10 billion. This reduced the current account deficit from July 2022 to April 2023 to $3.3 billion, significantly lower than $ 13.6 billion for the same period 2021-2022. This indicator decrease is due to a reduction in imports to $ 47 billion from July 2022 to April 2023 compared to the previous period – $ 65.5 billion.

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